Appellate Division of the Supreme Court of New York, 1993

People v. Anders

People v. Anders
Appellate Division of the Supreme Court of New York · Decided April 15, 1993
192 A.D.2d 392; 597 N.Y.S.2d 590; 1993 N.Y. App. Div. LEXIS 3714
People v. Anders

Opinion of the Court

—Judgment, Supreme Court, New York County (Richard Andrias, J.), ren*393dered February 21, 1990, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him as a predicate felony offender, to a term of 4 Vi to 9 years, unanimously affirmed.

Defendant’s claim that the indictment was duplicitous is unpreserved for review as a matter of law, defendant having failed to make a pretrial motion to dismiss the indictment or to object to the submission of the count to the jury (People v Iannone, 45 NY2d 589, 600), and we decline to reach it in the interest of justice. If we were to reach the issue, we would find that defendant was not prejudiced by a charge that was more favorable to him.

We have considered defendant’s other arguments and find them to be without merit. Concur — Murphy, P. J., Ellerin, Wallach and Asch, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.